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MORGAN v. UNION PACIFIC RAILROAD COMPANY

No. 2897

346 P.2d 1071 (1959)

Kenneth MORGAN, Appellant (Plaintiff below), v. UNION PACIFIC RAILROAD COMPANY, a corporation, Appellee (Defendant below).

Supreme Court of Wyoming.

November 24, 1959.

Attorney(s) appearing for the Case

Carroll & Cole, Cheyenne, for appellant.

John U. Loomis and Frederick G. Loomis, of Loomis, Lazear & Wilson, Cheyenne, for appellee.

Before BLUME, C.J., and PARKER and HARNSBERGER, JJ.

Mr. Chief Justice BLUME delivered the opinion of the court.

This is an action brought by Kenneth Morgan against the Union Pacific Railroad Company in which the plaintiff alleged that he delivered a vacuum-type, cinder removal machine to the defendant upon the agreement that defendant would make trial of the same, would return the same if unsatisfactory to plaintiff and, in case of failure to make such return, would pay plaintiff the sum of $2,750; that a reasonable...

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